By: Deuell S.B. No. 1727
A BILL TO BE ENTITLED
AN ACT
relating to the use of the Texas emissions reduction plan fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 386.051, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) Under the plan, the commission and the comptroller shall
provide grants or other funding for:
(1) the diesel emissions reduction incentive program
established under Subchapter C, including for infrastructure
projects established under that subchapter;
(2) the motor vehicle purchase or lease incentive
program established under Subchapter D;
(3) the air quality research support program
established under Chapter 387;
(4) the clean school bus program established under
Chapter 390;
(5) the new technology implementation grant program
established under Chapter 391;
(6) the regional air monitoring program established
under Section 386.252(a)(5);
(7) a health effects study as provided by Section
386.252(a)(7);
(8) air quality planning activities as provided by
Section 386.252(a)(8); [and]
(9) a contract with the Energy Systems Laboratory at
the Texas Engineering Experiment Station for computation of
creditable statewide emissions reductions as provided by Section
386.252(a)(9);
(10) the clean fleet program established under Chapter
392;
(11) the alternative fueling facilities program
established under Chapter 393; and
(12) the natural gas vehicle grants program and clean
transportation triangle program established under Chapter 394.
(b-1) Under the plan, the commission may establish and
administer other programs, including other grants or funding
programs, as determined by the commission to be necessary or
effective in fulfilling its duties and achieving the objectives
described under Section 386.052. The commission may apply the
criteria and requirements applicable to the programs under
Subsection (b) to programs established under this subsection, or
the commission may establish separate criteria and requirements as
necessary to achieve the commission's objectives. The additional
programs shall be consistent with and comply with all applicable
laws, regulations, and guidelines pertaining to the use of state
funds, the awarding and administration of grants and contracts, and
achieving reductions in emissions of pollutants determined to be of
concern. Under this subsection, the commission shall place a
priority on programs that address the following goals:
(1) reduction of emissions of oxides of nitrogen or
particulate matter from heavy-duty on-road vehicles and non-road
equipment, including locomotives and marine vessels, at port
facilities in nonattainment areas;
(2) reduction of emissions from the operation of
drilling and related heavy-duty non-road equipment in oil and gas
production fields where the commission determines that the programs
can help prevent that area or an adjacent area from being in
violation of national ambient air quality standards; and
(3) replacement, repower, or retrofit of heavy-duty
on-road vehicles, medium-duty passenger vehicles, and non-road
equipment to change from using gasoline or diesel fuel to engines or
conversion systems certified under the United States Environmental
Protection Agency's heavy-duty on-road or non-road engine emission
or light-duty vehicle engine emission certification programs to
using cleaner alternative fuels, either dedicated or in conjunction
with regular fuel, and, particularly, alternative fuels produced in
Texas.
SECTION 2. Subsection (a), Section 386.053, Health and
Safety Code, is amended to read as follows:
(a) The commission shall adopt grant guidelines and
criteria consistent with the requirements of Subchapter C [this
chapter].
SECTION 3. Subsection (a), Section 386.054, Health and
Safety Code, is amended to read as follows:
(a) The commission shall develop procedures for monitoring
whether the emissions reductions projected for projects awarded
grants under Subchapter C [this chapter] are actually achieved.
Monitoring procedures may include project reviews and contract
requirements that the grant recipient provide information
semiannually about the project. If the commission requires an
annual report, the report shall contain a minimum amount of
information required from a recipient and the report format shall
be simple and convenient.
SECTION 4. Subsection (a), Section 386.252, Health and
Safety Code, as amended by Chapter 28 (S.B. 527), Acts of the 82nd
Legislature, Regular Session, 2011, is amended to read as follows:
(a) Money in the fund may be used only to implement and
administer programs established under the plan. Money appropriated
to the commission to be used for the programs under Section
386.051(b) [and the total appropriation] shall be allocated as
follows:
(1) not more than four percent may be used for the
clean school bus program under Chapter 390;
(2) not more than 10 percent may be used for on-road
diesel purchase or lease incentives under Section 386.112;
(3) a specified amount may be used for the new
technology implementation grant program under Chapter 391, from
which a defined amount may be set aside for electricity storage
projects related to renewable energy;
(4) five percent shall be used for the clean fleet
program under Chapter 392;
(5) up to [not more than $7 million shall be allocated
in 2012 and 2013 and not more than] $3 million shall be used by the
commission [allocated in 2014 and in subsequent years] to fund a
regional air monitoring program in commission Regions 3 and 4 to be
implemented under the commission's oversight, including direction
regarding the type, number, location, and operation of, and data
validation practices for, monitors funded by the program through a
regional nonprofit entity located in North Texas having
representation from counties, municipalities, higher education
institutions, and private sector interests across the area;
(6) not less than 16 percent shall be used for the
Texas natural gas vehicle grant program under Chapter 394;
(7) not more than four percent may be used to provide
grants for natural gas fueling stations under the clean
transportation triangle program under Section 394.010;
(8) two percent may be used for the Texas alternative
fueling facilities program under Chapter 393;
(9) a specified amount may be used [is to be allocated]
each year to support research related to air quality as provided by
Chapter 387;
(10) [(7)] up to $200,000 may be used [is allocated]
for a health effects study;
(11) [(8)] up to $500,000 is to be deposited in the
state treasury to the credit of the clean air account created under
Section 382.0622 to supplement funding for air quality planning
activities in affected counties;
(12) [(9)] not more than $216,000 may be used by [is
allocated to] the commission to contract with the Energy Systems
Laboratory at the Texas Engineering Experiment Station annually for
the development and annual computation of creditable statewide
emissions reductions obtained through wind and other renewable
energy resources for the state implementation plan; and
(13) [(10) not more than $3,400,000 is allocated to
the commission for administrative costs incurred by the commission;
[(11) 1.5 percent of the money in the fund is allocated
for administrative costs incurred by the laboratory; and
[(12)] the balance is to be used by [is allocated to]
the commission for the diesel emissions reduction incentive program
under Subchapter C.
SECTION 5. Subsections (b), (c), (d), and (e), Section
386.252, Health and Safety Code, are amended to read as follows:
(b) The commission may allocate unexpended money designated
for the clean fleet program under Chapter 392 to other programs
described under Subsection (a) after the commission allocates money
to recipients under the clean fleet program.
(c) The commission may allocate unexpended money designated
for the Texas alternative fueling facilities program under Chapter
393 to other programs described under Subsection (a) after the
commission allocates money to recipients under the alternative
fueling facilities program.
(d) The commission may reallocate money designated for the
Texas natural gas vehicle grant program under Chapter 394 to other
programs described under Subsection (a) if:
(1) the commission, in consultation with the governor
and the advisory board, determines that the use of the money in the
fund for that program will cause the state to be in noncompliance
with the state implementation plan to the extent that federal
action is likely; and
(2) the commission finds that the reallocation of some
or all of the funding for the program would resolve the
noncompliance.
(e) Under Subsection (d), the commission may not reallocate
more than the minimum amount of money necessary to resolve the
noncompliance. [money allocated under Subsection (a) to a
particular program may be used for another program under the plan as
determined by the commission.
[(c) Money in the fund may be allocated to the clean school
bus program only if:
[(1) the money is available for that purpose after
money is allocated for the other purposes of the fund as required by
the state implementation plan; or
[(2) the amount of money deposited to the credit of the
fund in a state fiscal year exceeds the amount the comptroller's
biennial revenue estimate shows as the comptroller's estimated
amount to be deposited to the credit of the fund in that year.
[(d) The commission may allocate unexpended money
designated for the clean fleet program to other programs described
under Subsection (a) after the commission allocates money to
recipients under the clean fleet program.
[(e) The commission may allocate unexpended money
designated for the Texas alternative fueling facilities program to
other programs described under Subsection (a) after the commission
allocates money to recipients under the alternative fueling
facilities program.]
SECTION 6. Subsection (f), Section 386.252, Health and
Safety Code, as added by Chapter 892 (S.B. 385), Acts of the 82nd
Legislature, Regular Session, 2011, is amended to read as follows:
(f) Money appropriated to the commission for programs under
Section 386.051(c) shall be allocated to those programs as
determined by the commission [Notwithstanding Subsection (a), the
commission may reallocate money in the fund if:
[(1) the commission, in consultation with the governor
and the advisory board, determines that the use of the money in the
fund for the program established under Chapter 394 will cause the
state to be in noncompliance with the state implementation plan to
the extent that federal action is likely; and
[(2) the commission finds that the reallocation of
some or all of the funding for the program established under Chapter
394 would resolve the noncompliance].
SECTION 7. Subsection (g), Section 386.252, Health and
Safety Code, is amended to read as follows:
(g) If the legislature does not specify amounts or
percentages from the total appropriation to be allocated under
Subsection (a) or (f), the commission shall determine the amounts
of the total appropriation to be allocated under each of those
subsections [Under Subsection (f), the commission may not
reallocate more than the minimum amount of money necessary to
resolve the noncompliance].
SECTION 8. Section 386.252, Health and Safety Code, is
amended by adding Subsections (h), (i), (j), and (k) to read as
follows:
(h) Unless a specified amount is appropriated for
administrative costs, of the total appropriation to the commission
from the fund, up to four percent or $4 million, whichever is
greater, may be used by the commission for administrative costs.
(i) Subject to the limitations outlined in this section and
any additional limitations placed on the use of the appropriated
funds, money allocated under this section to a particular program
may be used for another program under the plan as determined by the
commission.
(j) Up to 1.5 percent of the money in the fund may be used
for administrative costs incurred by the laboratory for work
required under this chapter.
(k) If a specified percentage or amount from the fund is
appropriated for a particular program or purpose that differs from
the allocation percentage or amount established in this section,
the specified appropriation percentage or amount shall apply.
SECTION 9. Subsection (a), Section 386.252, Health and
Safety Code, as amended by Chapters 589 (Senate Bill No. 20) and 892
(Senate Bill No. 385), Acts of the 82nd Legislature, Regular
Session, 2011, is repealed.
SECTION 10. Subsection (f), Section 386.252, Health and
Safety Code, as added by Chapter 589 (Senate Bill No. 20), Acts of
the 82nd Legislature, Regular Session, 2011, is repealed.
SECTION 11. This Act takes effect September 1, 2013.